Law: Pakistan Penal Code (PPC),1860

Section: 302(b), 324, 34

Law: Code of Criminal Procedure (CrPC), 1898

Section: 544-A, 382-B

Summary:
The petitioner Qaisar was convicted under Section 302(b) PPC for causing the death of Ijaz Ahmad by firearm. Although the co-accused were acquitted, the High Court maintained the petitioner’s conviction but reduced his sentence from death to life imprisonment and awarded compensation under Section 544-A Cr.P.C. Delay in FIR lodging was reasonably explained. The sole eyewitness’s testimony, supported by medical evidence, was found reliable despite some discrepancies about the firing distance and recovery of the pistol. The prosecution proved its case beyond reasonable doubt, leading to dismissal of the petition.

Core Points

• Petitioner convicted for murder under Section 302(b) PPC; co-accused acquitted.
• Delay of 28.5 hours in FIR lodging was reasonably explained; not fatal to prosecution.
• Occurrence took place in daylight with sole eyewitness (PW-10) whose evidence was deemed credible.
• Medical evidence corroborated ocular account, despite argument about firing distance.
• Recovery of pistol and motive disbelieved by High Court but did not affect overall case strength.
• Petitioner was arrested at the scene and handed over to police immediately.
• Death sentence was converted to life imprisonment with compensation under Section 544-A Cr.P.C.
• Benefit of Section 382-B Cr.P.C. extended in favor of petitioner.
• Petition dismissed for lack of grounds to interfere with conviction and sentence.

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